Pradeep Gupta
I was sponsored by the Government of India for the post-graduate diploma course in Governance, Democratization and Public Policy at the Institute of Social Studies at the Hague, Netherlands in the year 2003. The crux of the course study was that democratic decentralization can be used as an effective tool for good governance and political integration. In different regions of the world national governments are using decentralization as a strategy for coping with political instability threatened by secessionist movements and demands for regional autonomy. In our own State there is demand for regional autonomy from Jammu and Ladakh region and State autonomy from the Kashmir region. Democratic decentralization through the institutions of local self government may just be the ‘mantra’ for providing good governance and satisfying the political aspirations of diverse religious, cultural and linguistic groups in the State.
Decentralization within government is generally taken to mean transfer of power from central authority to lower levels in territorial hierarchy. Decentralization can generally take three forms–De-concentration, delegation and devolution. De-concentration tends to extend the reach of central government by moving executing agencies to lower levels in the political system. Delegation involves transfer of managerial responsibility for specified functions to the lower levels. Devolution on the other hand involves power sharing between the Central/State governments and sub-national authorities. The devolved authority has autonomy to tax and spend and may even have limited legislative competence.
The Constitution 73rd and 75th Amendments already provide a framework for local self-government through the Panchayati Raj System (PRIs) and Urban Local Bodies (ULBs). On the lines of these amendments our own law, the J&K Panchayati Raj Act, 1989 provides for a three tier system of Panchayati Raj. Attainment of local self-government through PRIs in the State is strewn with many road blocks. The ruling elite are reluctant to share power with local units. No elections were held to the PRIs in the State from 1978 to 2001! It would take another ten years to hold next round of elections in 2011!! The upper levels of PRIs viz. the Block Development Boards and District Planning & Development Boards envisaged under the Act have not been constituted, even once. Elections were next due in June, 2016 but have been deferred on one pretext or other making the State ineligible for receiving much needed central funds. There is fierce power struggle between the Panches/Sarpanches and elected Legislators. Immense political sagacity and statesmanship is required to bring convergence between the stakeholders. It is hoped that the State government will hold the Panchayat elections in February, 2018 as announced and to the ULBs soon thereafter.
While democratic decentralization is the time tested institutional mechanism for good governance, concomitantly administrative reforms are also necessary for providing clean, effective and responsive administration. There is no dearth of ideas. Soon after formation of elected government in 1996, the then Chief Secretary, Mr. Ashok Jaitly hosted a workshop on ‘An Agenda for Effective and Responsive Administration’ at Jammu on 1st, February, 1997. Mr. Jaitly was keen to show case the event as his own initiative and consequently being his Special Assistant, it fell upon me to coordinate the entire arrangements for the seminar. Two secretaries to Government of India, three former Chief Secretaries, DGPs, other Senior Government functionaries, academicians, and social activists and media personalities participated in the workshop. The valedictory was chaired by the Chief Minister. The workshop threw up several far reaching recommendations viz. Citizen’s Right to Information, Establishment of an Ombudsman; Establishment of Permanent Law Commission, Establishment of State Administrative Tribunal on the lines of CAT; Constitution of Civil Services Board for effecting transfer and postings of AIS and KAS officers; Introduction of IT and office automation, Strengthening of the vigilance organization and weeding out of corrupt elements; Constitution of Village Level Committees to oversee the public delivery of services; Decentralization of powers; Abolition of discretionary quotas, wherever existing; Appointment of Government Advocates on merit and establishment of multi-tier Grievances Cells etc.
Action was initiated on some of these recommendations by the State Government. In fact, the J&K Right to Information Act, the State Accountability Commission, the State Vigilance Commission, the Public Service Guarantee Act and introduction of IT in government functioning owe their origin to the suggestions made in the workshop. A lot still remains to be done. It is hoped that the government will carry out these reforms and revive the PRIs. This will be a good tactical move by the ruling alliance to expand its political reach and marginalize the secessionist and anti-national forces. There is no better way to defeat the designs of the militants than at the hustings. Let the people enjoy the fruits of good governance and development.
(The author is former Divisional Commissioner)
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